Food and Agriculture Organization of the United Nations Fisheries and

for a world without hunger Aquaculture Department

National Aquaculture Legislation Overview

Malaysia

I. Profile V. Miscellaneous
a. Basic Legislation VI. References
b. Legal Definition
a. Legislation
c. Guidelines And Codes Of Conduct
b. Related Resources
d. International Arrangements
II. Planning VII. Related Links
a. Authorization System
b. Access To Land And Water
c. EIA
III. Operation
a. Water And Wastewater
b. Fish Movement
c. Disease Control
d. Drugs
e. Feed
IV. Food Safety

Profile

Basic legislation

Malaysian fisheries are governed by the Fisheries Act No.317 (1985) and its regulations. Inland fisheries and
aquaculture regulations are issued by State authorities, whereas marine fisheries and aquaculture are a federal
concern. Unfortunately, neither the Kedah State Fisheries (Riverine) Rules (1990) nor the Perak State Fisheries
(Riverine) Rules (1992) make any provision on aquaculture .

The main fisheries authority at federal level is the Ministry of Agriculture and Agro-based Industry (MOA).
With regard to aquaculture, the Director-General of Fisheries, head of the Fisheries Department, is vested with
orientation powers for the development of marine and inland farming, in consultation with the concerned State
Authority. In particular, the promotion of inland aquaculture may involve the creation of experimental
aquaculture stations for demonstrative purposes, fish-breeding facilities and training centres.

An important actor in the development of the national maritime policy is the Maritime Institute of Malaysia
(MIMA), a policy research institute set-up by the Malaysian Government to specifically deal with national,
regional and global maritime issues. The Freshwater Fisheries Research Centre operates within the Fisheries
Department of the Ministry of Agriculture, for the development of freshwater aquaculture, and the conservation
and management of aquatic resources.
Legal definition

The federal Fisheries Act defines aquaculture as «the propagation of fish seed or the raising of fish through
husbandry during the whole or part of its life cycle».
Guidelines and codes of conduct

Being a member of ASEAN, Malaysia embraces the codes of conduct adopted by the Association. The Manual
FAO Fisheries and Aquaculture Department
of ASEAN Good Shrimp Farm Management Practices was adopted at the 20th Meeting of ASEAN Ministers of
Agriculture and Forestry (AMAF) held in Hanoi, Vietnam, in 1998. The ASEAN has also published two other
guidelines on fisheries, namely the Manual on Practical Guidelines for the Development of High Health Penaeus monodon
Broodstock and the Harmonization of Hatchery Production of Penaeus monodon in ASEAN Countries .

Aquaculture farmers' associations are formed according to the Fishermen's Associations Act (1971), for the
promotion of economic and social interests of the group. Area associations may federate into a State
association, and State associations may create a national confederation. All Fishermen associations are
registered with the Fisheries Development Authority of Malaysia (LKIM), which supervises and controls their
activities.
International arrangements

Malaysia is a member of:

World Trade Organization (WTO).

Association of Southeast Asian Nations (ASEAN), which promotes cooperation for the development of
aquaculture through the ASEAN Ministerial Understanding on Fisheries Cooperation (1983) .
ASEAN Free Trade Area (AFTA).

Malaysia is also a party to the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), and to both the Convention on Biological Diversity (CBD) and the Biosafety Protocol.

With regard to regional arrangements, Malaysia has signed the Agreement on the Network of Aquaculture
Centres in Asia and the Pacific (NACA) (1988) – together with Australia, Bangladesh, Cambodia, China,
Hong Kong, India, Korea, Myanmar, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Viet Nam.

Moreover, as part of the Southeast Asian Fisheries Development Centre (SEAFDEC), Malaysia participates
not only in the several Departmental Programmes on aquaculture, but also in the SEAFDEC–ASEAN
programmes, which include the promotion of mangrove-friendly aquaculture and the regionalization of the
Code of Conduct for Responsible Fisheries.

Planning

Authorization system

The procedure to engage in marine aquaculture is established by the Fisheries (Marine Culture Systems)
Regulations (1990). As mentioned above, issues relating to inland aquaculture pertain to the States' regulatory
power.

Pursuant to the 1990 Regulations, marine aquaculture is subject to a double authorization system: a permit to
set up the facilities, and a licence for their operation.
The whole procedure is managed by the Director-General of Fisheries.

Applications for a permit to set up a mariculture farm must provide the following information:

Type of marine culture system;

Proposed aquaculture site;
Plan of chosen site.

A permit may only be issued if, after the Director-General’s investigation, the site’s location does not appear to
affect the development of fisheries. The granting of the permit is also subject to the payment of a deposit that
will be returned upon ceasing of operation. The content of the consequent application for the operation licence
is determined by the Director-General. An inspection is carried out to check compliance with the terms and
FAO Fisheries and Aquaculture Department
conditions of the permit. The general terms and conditions of permits and licences are found in the Schedules
to the Regulations. Additional terms and conditions may be specifically established by the Director-General.
Since the Regulation does not specify any duration, licences are possibly continuing. However, a licence may
be cancelled if the farm is found not compliant with the terms and conditions, during an official inspection.

Also relevant to aquaculture is the Fisheries (Cockles Conservation and Culture) Regulations (2002), under
which a licensing procedure is established for the capture of cockles (Anadara) and cockle seeds. In particular, a
permit is required to take cockles and cockle seeds from cultured cockle beds. Two different application forms
are provided, depending on the capture method to be used.

No specific provisions were found on sea ranching.

Access to land and water

The Ministry of Natural Resources and the Environment is the competent authority for matters related to land
and water, at federal level.

Waters Act No.418 (1920, as amended) is the basic law on water resources at federal level, and applies to the
States of Negeri Sembilan, Pahang, Perak, Selangor, Malacca, Penang and Federal Territory. Under this Act, a
licence is required for water abstraction and use, but no specific reference is made to aquaculture.

In order to counteract coastal deterioration, the Guidelines on Erosion Control for Development Projects in the
Coastal Zone (1997) give directions for the processing of applications concerning development projects to be
carried out in coastal areas. Circular No.5 of 1987 issued by the Prime Minister's Department provides that
applications related to any such project is referred to the Coastal Engineering Division (CED) of the
Department of Irrigation and Drainage (DID). CED assists the Department of Environment (DOE) in the
evaluation of EIA applications concerning projects to be developed in coastal zones, where mangrove
ecosystems conservation is a major concern.

EIA

The Malaysian EIA system is regulated under the Environmental Quality Act No.127 (1974). However, the
Malaysia National Biodiversity Policy (1998) provides that EIA procedures must be revised in order to focus
on biodiversity conservation.

The Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order (1987)
establishes that land-based aquaculture projects implying the clearing of mangrove swamp forests, and
covering an area of 50 hectares or more, are subject to the EIA procedure described in the Environmental
Quality Act. A report, assessing the possible impact of a project on the environment and proposing appropriate
prevention, mitigation or control measures, must be submitted to the Director-General of Environmental
Quality of the Department of Environment (DOE), Ministry of Natural Resources and the Environment. The
Director-General's negative decision may be appealed against, to the Appeal Board appointed by the Minister.

According to the Act, environmental licences are issued by the Director-General of Environmental Quality.
Unfortunately, the letter of the law does not clarify to which activities or subjects the licensing procedure
applies, and whether the EIA process described above is part of such procedure .

Operation

Water and wastewater

The Ministry of Natural Resources and the Environment, Department of Environment, is in charge of
monitoring pollution levels of marine and inland waters.
FAO Fisheries and Aquaculture Department
The provisions on water pollution from the Waters Act (1920, as amended) apply to freshwater bodies as well
as coastal waters. A licence, to be granted by the concerned State Secretary, is required for the discharge of
waste matter into any waterbody. No provisions are made with regard to aquaculture effluents.

Under the Environmental Quality Act, a licence is required for the discharge of waste matter in marine and
inland waters, above the threshold set by the Minister. Industrial wastewater discharge is regulated under the
Environmental Quality (Sewage and Industrial Effluents) Regulations (1979, as amended). Despite the lack of
reference to fish farming, its provisions seemingly apply to industrial aquaculture facilities.

Fish movement

Under the Fisheries Act, the import and export of live fish to and from Malaysia, as well as the transfer of live
fish from East to West Malaysia or vice versa, and the transport among Eastern states, are subject to the
granting of a permit from the Director-General of Fisheries. Terms and conditions, which are defined at the
Director-General's discretion, shall aim at ensuring food safety and disease control, and at avoiding the release
of non-indigenous species into the environment.

Furthermore, pursuant to the Fisheries (Prohibition of Import, etc., of Fish) Regulations (1990), the import of
certain freshwater species, such as piranhas and pacus, requires a specific permit from the Director-General.

Disease control

No provisions could be found on fish disease control.

Animal health in general is managed by the Department of Veterinary Services of the Ministry of Agriculture.
Fish health is not explicitly included among its tasks by Animals Ordinance No.17 (1953). Fish is, however,
included in the definition of “animals”, applicable to the provisions on animal protection.

Drugs

No provisions were found, except those establishing the limits of drug residues in fish products (Food
Regulations of 1985, as amended).

Feed

No provisions were found.

Food safety

Food safety is regulated by the Food Act (1983, as amended) and by the Food Regulations (1985, as
amended), which apply to fish products. The law and its regulations mainly deal with labelling, additives,
residues, packaging and sampling procedures. Specific provisions are made in the regulations, with regard to
health standards, allowed additives and residues, and labelling requirements for fish and fish products.

The quality and safety of food products is guaranteed by the Veterinary Health Mark Logo (VHM), awarded
under the Veterinary Inspection and Accreditation Program of the Department of Veterinary Services (DVS),
Ministry of Agriculture. Applications must include information on the Quality Assurance Program (QAP) and
the HACCP (Hazard Analysis Critical Control Points) Plan of the producing company. This certification
programme is mainly intended for livestock products processing plants, but is actually open to fish processing
plants as well. Due to the veterinary certification requirements set by importing countries, participation in the
programme is, de facto, an obligation. Guidelines and codes on best veterinary practice and for building
processing plants are provided under the programme.

Miscellaneous
FAO Fisheries and Aquaculture Department
No additional provisions were found on aquaculture.

References

Legislation

FAOLEX
Agreement on the Network of Aquaculture Centres in Asia and the Pacific (NACA) (1988)
ASEAN Ministerial Understanding on Fisheries Cooperation (1983).
Environmental Quality Act No.127 (1974)
Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order (1987).
Environmental Quality (Sewage and Industrial Effluents) Regulations (1979, as amended).
Fisheries Act No.317 (1985).
Fisheries (Cockles Conservation and Culture) Regulations (2002).
Fisheries (Prohibition of Import, etc., of Fish) Regulations (1990).
Fisheries (Marine Culture Systems) Regulations (1990).
Perak State Fisheries (Riverine) Rules (1992).
Kedah State Fisheries (Riverine) Rules (1990).
Fishermen's Associations Act (1971).
Food Act (1983, as amended).
Food Regulations (1985, as amended).
Malaysia National Biodiversity Policy (1998).
Waters Act No.418 (1920, as amended).

SOFT LAW

Guidelines on Erosion Control for Development Projects in the Coastal Zone (1997).
Manual of ASEAN Good Shrimp Farm Management Practices.
Manual on Practical Guidelines for the Development of High Health Penaeus monodon Broodstock.
Harmonization of Hatchery Production of Penaeus monodon in ASEAN Countries.

Related resources

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Search parameters: country=MYS, Keywords=aquaculture;mariculture
Records Returned: 0
Title of text Date of text Consolidated date Entry into force Countries

Mustafa, S., Saad, S. & Rahman, R.A. (Borneo Marine Research Institute, University Malaysia Sabah) – Sea
Ranching in Malaysia: Potential and Need for a Framework, in MIMA (Maritime Institute of Malaysia)
FAO Fisheries and Aquaculture Department
Bulletin, Vol.10 No.1/2003
Maritime Institute of Malaysia (MIMA)
Freshwater Fisheries Research Centre (PPPAT)
Fisheries Development Authority of Malaysia (LKIM)
Ministry of Natural Resources and the Environment
Ministry of Natural Resources and the Environment Department of Environment (DOE)
Ministry of Agriculture and Agro-based Industry (MOA)
Ministry of Agriculture Department of Veterinary Services (DVS)
Association of Southeast Asian Nations (ASEAN)
Network of Aquaculture Centres in Asia and the Pacific (NACA)
Southeast Asian Fisheries Development Centre’s (SEAFDEC)

Related links
Country profiles: Malaysia

FAO Fisheries and Aquaculture Department